Legal Opinion

Mellon Service Co. v. Touche Ross & Co.

Texas Court of Appeals, 14th District (Houston)

Decided May 1, 1997No. 14-96-00129-CVPublishedCited by 40 opinions

1Opinion of the Court

OPINION

FOWLER, Justice.

In this appeal we must decide whether a visiting district judge, duly appointed to hear a case in the 333rd District Court in Houston, Harris County, Texas had the authority to hold a summary judgment hearing and grant a motion to allow a late-filed affidavit in the case while he was sitting in Galveston County for another district court. Because we conclude that the summary judgment hearing was a “proceeding” as described by article V, section 7 of the Texas Constitution, the trial court had no jurisdiction to hold the hearing at any locale other than the county seat…

2Cases cited27 opinions

  1. Benchmark Bank v. CrowderTexas Supreme Court · 1996
  2. Republican Party of Texas v. DietzTexas Supreme Court · 1997
  3. Edgewood Independent School District v. KirbyTexas Supreme Court · 1989
  4. Cramer v. SheppardTexas Supreme Court · 1942
  5. Welch v. McDougal, Texas Court of Appeals, 7th District (Amarillo)1994

22 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. Villalon v. Bank One, Texas Court of Appeals, 1st District (Houston)2004
  2. Rooms With a View, Inc. v. Private National Mortgage Ass'n, Texas Court of Appeals, 3rd District (Austin)1999
  3. Burns v. Bishop, Texas Court of Appeals, 14th District (Houston)2001
  4. Fain v. State, Texas Court of Appeals, 3rd District (Austin)1999
  5. INS. CO. OF STATE OF PENNSYLVANIA v. Martinez, Texas Court of Appeals, 8th District (El Paso)2000

35 more not listed; retrieve them via the Exa API.

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